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UNITED STATES v. D'ANDREA

Nos. 77-1063, 77-1073 and 77-1087.

585 F.2d 1351 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas D'ANDREA, Jack Ware and Nelson Harris, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 2, 1978.

Rehearing Denied December 22, 1978.

Attorney(s) appearing for the Case

Stephen C. Bower, Kentland, Ind., James A. Greco, Gary, Ind., Charles A. Bellows, Chicago, Ill., for defendants-appellants.

Carmen A. Piasecki, Asst. U. S. Atty., Hammond, Ind., for plaintiff-appellee.

Before SWYGERT, BAUER, Circuit Judges, and McMILLEN, District Judge.

BAUER, Circuit Judge.

Jack Ware, Nicholas D'Andrea and Nelson Harris appeal from their convictions of conspiracy to defraud the United States in violation of 18 U.S.C. § 371. We affirm the convictions of D'Andrea and Ware, and reverse the conviction of Harris.

I.

As a first step toward resolving the issues presented in this appeal, we must briefly outline its factual setting. In 1964, Bishop Oscar Freeman, a minister of the Church of God in...

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